READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (“TERMS”) GOVERN BOTH (A) PURCHASES BY YOU (the “Customer” and sometimes also referred to as “you,” “your,” or “user” herein) from Giant Bicycle, Inc. (“Giant” and sometimes also referred to as “CADEX”, “us,” “we” or “our” herein) via use of www.cadex-cycling.com, or the websites of any Giant affiliates and/or authorized Giant and/or CADEX retailers that are linked to the foregoing websites (each a “Website”) (references herein to “this Website” shall mean and apply to each and every aforementioned Website), as well as (B) your USE OF THIS WEBSITE EVEN IF YOU DO NOT MAKE ANY PURCHASE.
These Terms are divided into “Section A” and “Section B”. “Section A” terms apply specifically to those making purchases on this Website, and “Section b” Terms apply to all users of this Website (BOTH USERS THAT MAKE PURCHASES AND USERS WHO DO NOT). 
IF YOU USE THIS WEBSITE BUT DO NOT MAKE ANY PURCHASE, YOU AGREE TO BE BOUND BY THE “SECTION B” TERMS (AND ANY TERMS INCORPORATED BY REFERENCE); AND, IF YOU MAKE A PURCHASE YOU AGREE TO BE BOUND BY THE “SECTION B” TERMS AND THE “SECTION A” TERMS (AND ANY TERMS INCORPORATED BY REFERENCE). 
DO NOT USE THIS WEBSITE, ONLINE SERVICES, OR MOBILE APPLICATION IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

1. Section A – Terms applicable to users making website purchases. “SECTION A” Terms apply specifically to all users making purchases on this Website. If you are using this Website, but not making a purchase, please refer to “SECTION B” for Terms applicable to you.

1. TERMS GOVERNING ALL ORDERS. These Terms apply to any and all purchases made by you from CADEX via this Website. If you place an order with CADEX it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of CADEX. In the event of any inconsistency or conflict between these Terms and any provision in any Customer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). CADEX reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by CADEX by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by CADEX. CADEX’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).
2. ORDERS AND ACCEPTANCE. When a Customer places an order on this Website, such order will not be deemed accepted by CADEX unless and until an order acknowledgment is sent to the Customer via email by CADEX (“Order Confirmation”). Orders accepted by CADEX may not be cancelled by Customer without CADEX’s express written consent, which CADEX may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. CADEX reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, CADEX may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by CADEX in its sole discretion. Customer will be notified of any order cancellation and any amounts Customer has paid to CADEX in respect of such order shall be refunded to Customer as set forth in the “Payment” paragraph of these Terms.
3. PRICES AND TAXES. All prices on this Website are shown in United States dollars. All prices are subject to change without notice, and exclude Taxes (as defined below), shipping and handling charges. The prices quoted for the Products sold via this Website do not include any federal, state or local sales, use, value-added, excise, gross receipts or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). You shall be responsible and pay for, and reimburse CADEX if it pays, any such Taxes (except for income Taxes imposed on CADEX). If CADEX is required by any governmental authority or agency to collect and pay any Taxes on Customer’s behalf, CADEX may invoice Customer for such amounts including any interest or penalty assessed thereon. Products displayed on this Website may be also available at a CADEX authorized retailer in our dealership network (each an “Authorized CADEX Dealer”); however, prices displayed for such Products on this Website may vary from advertised promotional prices available at an Authorized CADEX Dealer.
4. Payment. All orders must be paid in full prior to shipment. CADEX accepts all major credit cards, such as MasterCard, Visa, and American Express, and debit cards. Payment information is submitted by Customer upon the placement of any order, and acceptance, fulfillment and shipping of the order by CADEX is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorized to use the designated credit or debit card and authorize us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
5. Website Errors. We do not warrant that any Product, description, photograph, pricing or other information on this Website is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Website, in an Order Confirmation, in processing an order, delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct Product purchase price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
6. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through this Website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different written terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
7. Shipping & Handling; Delivery and Risk of Loss. All Products purchased on this Website can only be shipped to a valid street address (i.e., we do not deliver to P.O. Boxes, Army Post Office (APO) and Fleet Post Office (FPO)) within the contiguous 48 states of the United States (which excludes Alaska, Hawaii, Puerto Rico and all other foreign countries) to (a) you directly (to the domestic/deliver-to address indicated in your order) or (b) an Authorized CADEX Dealer of your choosing. Please note that for any transaction that includes a bicycle, such bicycle (and any accompanying merchandise purchased in such transaction) will not be shipped to you directly but will instead be delivered only to an Authorized CADEX Dealer, from whom you will pick it up and take delivery. Although CADEX is authorized to make shipping arrangements on Customer’s behalf, Customer is solely responsible for all shipping and handling charges which are displayed on this Website when an order is placed. All Products are shipped via standard ground delivery (i.e., no provisions for expedited freight on bicycles or other Products). Title and risk of loss or damage to the ordered Product shall pass to Customer at the time the Product is delivered to Customer (whether shipped directly to Customer or whether shipped to an Authorized CADEX Dealer). Shipping times shown on this Website are good faith estimates only, and actual delivery dates may vary. CADEX will use commercially reasonable efforts to fill Customer’s orders within the timeframe stated on this Website but in no event shall CADEX be liable for any damages associated with CADEX’s inability to meet any such timeframes.
8. Pick-Up at Authorized CADEX Dealer. If any of the Product is shipped to an Authorized CADEX Dealer for Customer to pick-up, CADEX will notify Customer via email when the Product is available for pick-up at the Authorized CADEX Dealer. Customer agrees to pick-up the Product at the Authorized CADEX Dealer within 7 calendar days following receipt of the email notice, and if Customer is unable to pick-up the Product purchased within such 7 calendar days, Customer will contact the Authorized CADEX Dealer using the details in the Order Confirmation. At the time of Product pick-up, Customer agrees to present to the Authorized CADEX Dealer, the Order Confirmation and a government issued identification card (such a valid driver’s license or passport). Customer’s failure to pick-up the Product or contact the Authorized CADEX Dealer within 14 calendar days of CADEX’s initial delivery notification may result in CADEX charging Customer a $50 fee for collection, storage, and/or restocking. If Customer fails to pick-up the Product after 14 calendar days, the order shall be cancelled and CADEX will refund any amounts Customer has paid in respect of such Product (less the any applicable shipping, handling and restocking charges).
9. Returns. Unless otherwise indicated on this Website as a “nonreturnable” item, within 14 days following delivery, a Customer may return a Product for a full refund of the purchase price (not including initial shipping and handling charges) plus any applicable Tax, so long as any such Product is in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed, and subject to the following:
   1. Products (Other Than Bicycles): Please call 800-US-GIANT or email GiantWebLink@GiantBicycle.com to obtain a Return Merchandise Authorization (RMA) and return label. Please include the Return Form with your returned product. A $10 flat restock fee will be deducted from your refund when your return is received unless the return is due to CADEX’s error.
   2. Bicycles Only: Bring your order, with proof of purchase, to the local Authorized CADEX retailer who assembled your bike. You may be eligible for a full refund of the purchase price (not including initial shipping and handling charges) plus any applicable Tax, so long as any such bicycle is like-new and undamaged.
10. Product Changes. From time to time and without notice, CADEX reserves the right to make any changes it deems necessary or desirable, including but not limited to changes related to design, specifications, manufacturing or production of its Products. CADEX may furnish suitable substitute Products or components for Products or components which are unobtainable by CADEX because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Customer may not make any changes in the designs or specifications for Products purchased on this Website.
11. Not for Resale. Customer agrees and represents that Customer is buying the Product(s) for Customer’s own use and not for resale.
12. Reservation. CADEX reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
13. Warranty; Exclusive Remedy. Subject to the following limitations, terms, and conditions, CADEX warrants to the original purchaser (and only the original purchaser) of each purchased Product as follows:
    1. Bicycles ONLY.
       1. Warranties. The following warranties apply only to bicycles and framesets purchased new from, and as­sembled by, an Authorized CADEX Dealer:
          1. Lifetime Warranty. CADEX warrants the frame and rigid fork of each new bicycle and frameset to be free from defects in material and workmanship for as long as the original purchaser owns the bicycle. This limited warranty is non-transferable.
          2. Limited Warranty. Paint finish and all other original components, and all repair parts, replace­ment parts, and accessories, are warranted to be free from defects in material or workmanship for a period of one (1) year from the original date of purchase. Any repaired or replaced part will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term.  This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase.
          3. Free 60-Day Repair Labor. If your bicycle is found to be defective in materials, workmanship, or assembly within 60 days of purchase, it will be repaired for you without charge for labor or materials. To receive this service, simply bring your bicycle to the Authorized CADEX Dealer from where it was delivered and picked-up by you.
          4. Limited Remedy. Unless otherwise provided, the sole remedy under the above warranty, or any implied warranty, is limited to the replacement of defective parts with those of equal or greater value at the sole discretion of CADEX. Unless within the free 60-day repair labor period, you will be responsible for labor costs associated with warranty replacements. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL CADEX BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ECO­NOMIC LOSSES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY.
          5. Exclusions. THE ABOVE WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR. ALL WARRANTIES ARE VOID IF THE BICYCLE IS MODIFIED FROM ITS ORIGINAL CONDITION OR THE BICYCLE IS USED FOR OTHER THAN NORMAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, FAILING TO FOLLOW THE OWNER’S MANUAL OR USING THE BICYCLE FOR COMMERCIAL ACTIVITIES OR IN COMPETITIVE EVENTS, INCLUD­ING BUT NOT LIMITED TO BICYCLE RACING, BICYCLE MOTORCROSS RACING, STUNT RIDING, RAMP JUMPING OR SIMILAR ACTIVITIES, AND TRAINING FOR SUCH ACTIVITIES OR EVENTS. CADEX MAKES NO OTHER WARRANTIES, EX­PRESS OR IMPLIED. Except to the extent specifically prohibited by law, ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIM­ITED IN DURATION TO THAT OF THE EXPRESS WARRANTIES STATED ABOVE.
    2. Helmets ONLY. Any helmet determined by CADEX to be defective in materials or workmanship within one (1) year from the date of original retail purchase will be repaired or replaced, at CADEX’s option, free of charge when received at the factory, freight prepaid, together with proof of purchase from the original owner. Any repaired or replaced helmet will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term.  This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase. This limited warranty is void in its entirety if the Product is modified after sale to Customer. This limited warranty is non-transferable. This warranty is expressly in lieu of all other warranties. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE SAME DURATION AS THIS EXPRESS WARRANTY. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, CADEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, THIS WARRANTY DOES NOT COVER ANYTHING RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, FAILURE TO PERFORM MAINTENANCE AS INSTRUCTED OR UNAUTHORIZED REPAIR OR SERVICE. This warranty does not cover any representation or warranty made by Authorized CADEX Dealers beyond the provisions of this warranty. You must establish proof of purchase to obtain warranty service or replacement.
    3. Other Products. Any Product (other than a bicycle or helmet, discussed above) determined by CADEX to be defective in materials or workmanship within one (1) year from the date of original retail purchase will be repaired or replaced (with the same or a similar item, as determined by CADEX), at the sole discretion of CADEX, free of charge when received at the factory, freight prepaid, together with proof of purchase from the original owner. Any repaired or replaced Product will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term.  This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase. THIS LIMITED WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR. THIS LIMITED WARRANTY IS VOID IN ITS ENTIRETY IF THE PRODUCT IS MODIFIED AFTER SALE TO CUSTOMER. THIS LIMITED WARRANTY IS NON-TRANSFERABLE. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE SAME DURATION AS THIS EXPRESS WARRANTY. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, CADEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, THIS WARRANTY DOES NOT COVER ANYTHING RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, FAILURE TO PERFORM MAINTENANCE AS INSTRUCTED OR UNAUTHORIZED REPAIR OR SERVICE. This warranty does not cover any representation or warranty made by Authorized CADEX Dealers beyond the provisions of this warranty. You must establish proof of purchase to obtain warranty service or replacement.
    4. Exercising Your Rights Under the Warranties. In order to exercise rights under any applicable warranty in this Paragraph 13:
       1. Bicycles Only: Customer must bring bicycle with proof of original purchase to an Authorized CADEX retailer.
       2. Products (Other Than Bicycles) purchased via WebLink: (i) Customer must contact CADEX via email GiantWebLink@giantbicycle.com or (800) US-Giant within the applicable warranty period to report a warranty claim and obtain a return authorization number. (ii) Return the affected Product to CADEX with the return authorization number issued by CADEX and proof of purchase (original invoice or credit card statement) within fifteen (15) days of the date when Customer made the warranty claim to CADEX.
       3. Products (Other Than Bicycles) purchased via an Authorized CADEX Retailer: Customer must bring item with proof of original purchase to an Authorized CADEX retailer.

If the product is determined not to be covered by the warranty terms, Customer may be responsible for all return shipping expenses (a) to CADEX or (b) if applicable, to the Authorized CADEX Dealer where Customer picked-up the Product.

1. Right to Modify; Warranty Process. CADEX reserves the right to modify this limited warranty at any time, in its sole discretion. CADEX reserves the right to require additional identification, proof of purchase, or additional verifiable information to help CADEX locate Customer’s purchase of the Product in its records. If Customer does not comply with any of the above conditions, CADEX reserves the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) using the current sales price of the returned Product. Within 30 days following the return to CADEX of the allegedly defective Product (pursuant to a warranty claim that complies with the foregoing requirements of this Paragraph 13) CADEX will inspect any such returned Product. If CADEX determines that the Product is in compliance with the applicable warranty, it will so notify the Customer and no further action will be taken. Alternatively, if CADEX determines that the Product is not in compliance with the applicable warranty, it will so notify Customer (and repair or replace, as applicable).
2. DISCLAIMER OF OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH in this PARAGRAPH 13 and except to the extent specifically prohibited by law, CADEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED on all products, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CADEX makes no other express warranties and the warranties set forth in this Paragraph 13 supersede any prior representations and understandings regarding the Products, including any warranty arising from course of dealing, course of performance, or usage of trade.

2. section B – terms applicable to all website users. “SECTION B” Terms apply to all users of this Website (including Customers that purchase any Products and users that only browse this Website and do not purchase anything).

1. Privacy Policy. Our Privacy Policy applies to your access and use of this Website, including any personal information provided by you via this Website. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. If you do not agree with the Privacy Policy, do not use this Website.
2. Use of Website. This Website is not targeted towards, nor intended to be used by, children under the age of 13. By using this Website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use this Website. If you are under the age of 18, you may use this Website only with the involvement and supervision of a parent or guardian. Further, you may not make any purchases from this Website unless you are at least 18 years old.
3. Website Content; License to Use Website. Unless otherwise indicated on this Website, this Website and all content and materials therein, including but not limited to the CADEX logo and all designs, text, graphics, pictures, information, images, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Website Content”) are the proprietary property of CADEX or its affiliates, licensors, suppliers or users and are protected by United States and international copyright laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use this Website and this Website Content solely for your personal, non-commercial use.
4. Restrictions on Use of this Website. You agree that you will access and use this Website and this Website Content only in a lawful manner and only in accordance with these Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use this Website or this Website Content. This license excludes any resale or commercial use of this Website or this Website Content. We may revoke your access and use of this Website at any time (including if you violate these Terms), and nothing herein constitutes a representation that this Website will be available to you for your access or use. CADEX reserves the right to modify or discontinue, temporarily or permanently, this Website or any of its features or portions thereof (including this Website Content) without prior notice. You agree that CADEX will not be liable for any modification, suspension or discontinuance of this Website or any of its features or any part thereof. Additionally, you agree that you will not (and the above-referenced license above excludes your ability to): (i) gain access, or attempt to gain access, to any portion of this Website, or any systems or networks connected to this Website, by hacking, password mining or any other illegitimate or unlawful means; (ii) create or maintain any link from another site to any page on this Website without CADEX’s prior written consent; (iii) run or display this Website (or any Website Content) in frames or through similar means on another site, application or location, without CADEX’s prior written consent; (iv) engage or attempt to engage any resale of this Website or Website Content; (v) collect or use any Product listings, pictures or descriptions; (vi) modify or make any derivative use of this Website Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose; (vii) use data mining, robots, or similar data gathering and extraction tools; (viii) create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, or otherwise interfere with users’ enjoyment of this Website; (ix) transmit or upload to this Website any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of this Website or adversely affect a user; (x) submit to this Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use this Website to transfer or store illegal material; or (xi) access or use this Website or this Website Content in any manner which would violate any applicable local, state, federal or international laws. Without limiting the foregoing, any use of this Website in violation of the foregoing, or other improper use, without CADEX’s prior written consent is strictly prohibited and will automatically terminate the above-referenced license. Any such improper or unauthorized use may also violate applicable laws (including but not limited to copyright, trademark and other applicable laws). Subject to the above-referenced limited license, nothing in these Terms shall be construed as conferring any license to intellectual property rights. The above-referenced license is revocable at any time by CADEX for any reason whatsoever.
5. User Content; User Areas. This Website may include product reviews, discussion forums, blogs or other interactive features or areas (collectively, “User Areas”), in which you or other users can create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on this Website, or publish content and other information through your social media accounts (e.g., Twitter™, Instagram™, Pinterest™, FaceBook™), such as your name, social media handle, accompanying text, and any images, all of which you allow CADEX to feature on this Website (collectively, “User Content”). All User Content is publicly-viewable by any user using or accessing this Website. When posting User Content, you agree to contribute responsibly, to treat others with respect, and to adhere to these Terms.
   1. User Content. By using or accessing any User Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish, send or submit any User Content that (i) contains, or provides links to, obscene, profane, harassing, inflammatory, or threatening language, viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, pornographic, suggestive, indecent, lewd, violent, abusive, or degrading; (ii) violates the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (iii) may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent; (iv) infringes on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (v) displays, describes or encourages usage of any Product in a manner that could be offensive, inappropriate or harmful to CADEX or any user or consumer or that is contrary to any instructions or warnings relating to such particular Product; (vi) that, in the sole judgment of CADEX, restricts or inhibits any other person from using or enjoying this Website or which may expose CADEX or its users to any harm or liability of any type. By posting User Content to or through this Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own, control or otherwise have the necessary rights, title and interest in and to the User Content to use and post such User Content to this Website and to grant CADEX the accompanying rights with respect thereto; (c) the User Content is neither inaccurate, misleading nor harmful in any manner; and (d) the User Content, and your use and posting thereof on this Website, do not and will not violate these Terms or any applicable law, rule or regulation.
   2. License. For any User Content you submit, you grant to CADEX a nonexclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without acknowledgment or compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to CADEX the right to include the name provided along with the User Content submitted by you; provided, however, CADEX is not obligated to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this Paragraph 5. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
   3. User Conduct. You agree that you are solely responsible for your User Content and for your use of such User Areas, and that you are using the User Areas at your own risk. except to the extent specifically prohibited by law, CADEX is not responsible or liable for the conduct of, or your interactions with, users of this Website (whether online or offline), nor is CADEX responsible or liable for any associated loss, damage, injury or harm; CADEX takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is CADEX liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter; and you agree to indemnify CADEX for all claims resulting from any User Content you submit.

CADEX encourages its users to report User Content that violates these Terms (by contacting CADEX at 800-US-GIANT). Enforcement of the Terms, however, is at CADEX’s sole discretion and the absence of enforcement of these Terms in certain instances does not constitute a waiver of our right to enforce the Terms in other instances. Although CADEX has no obligation to monitor any User Content on this Website, CADEX reserves the right and has absolute discretion to monitor, alter, remove, edit, or refuse to post or allow to be posted any User Content on this Website, or to disclose any User Content and the circumstances surrounding its transmission to any third party, in each case, at any time and for any reason without notice. 
Any use of this Website in violation of these Terms may result in, among other things, termination or suspension of your rights to use the User Areas and/or this Website.

1. Trademarks. “CADEX”, the CADEX logo and other product or service names, logos or slogans that may appear on this Website are trademarks or registered trademarks of CADEX and its affiliates, licensors and suppliers and as the exclusive property of CADEX and its affiliates, licensors and suppliers may not be copied, imitated or used, in whole or in part, without the prior written permission of CADEX or the applicable trademark holder. In addition, the look and feel of this Website, including the design, arrangement and collection of this Website Content, and all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CADEX and may not be copied, imitated or used, in whole or in part, without CADEX’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by CADEX. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CADEX’s intellectual property or the look and feel of this Website without the express written consent of CADEX or such third party owner.
2. INDEMNIFICATION. Except to the extent specifically prohibited by law, you agree to forever indemnify, defend and hold CADEX harmless from and against any claims, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees and expenses and reasonable expert witness fees and expenses) arising from of or related to any violation by you of any of these Terms.
3. AS-IS WEBSITE; ASSUMPTION OF RISK; LIMITATION OF LIABILITY. This Website and this Website Content are provided on an “AS IS” and “WITH ALL FAULTS” (without representations, warranties or conditions of any kind, either express or implied), and CADEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED on this Website AND WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CADEX does not represent or warrant that this Website is accurate, complete, reliable, current or error-free. CADEX does not represent or warrant that this Website or its servers are free of viruses or other harmful components.

EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL CADEX BE LIABLE FOR special, punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product, DIMINUTION IN VALUE, LOSS OF DATA or business interruption, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, however the same may be caused (including the fault or negligence of CADEX OR OTHERWISE), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM OR RELATING TO YOUR RELIANCE ON ANY INFORMATION ON THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE OF THIS WEBSITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, ACTS OF THIRD PARTIES BEYOND CADEX’S CONTROL, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR OTHERWISE). EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CADEX (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE EXCEED ANY COMPENSATION YOU PAY TO CADEX FOR ACCESS TO OR USE OF THIS WEBSITE.

1. Governing Law. These Terms shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of California applicable to agreements made and to be performed wholly within such jurisdiction (notwithstanding any choice of law principles, statutes or rules to the contrary). Any rule of law or any legal decision that would require interpretation of any ambiguities in these Terms against the party that drafted it, is of no application and is hereby expressly waived. These Terms shall be interpreted in a reasonable manner.
2. Jurisdiction. Any action or proceeding arising in connection with or relating to the matters covered by these Terms shall be litigated only in the state and federal courts located in the County of Ventura, State of California (and such courts shall have in personam jurisdiction and venue over such party for the purpose of such litigation). You hereby (i) expressly and knowingly waive any right you may have to assert the doctrine of forum non conveniens or otherwise object to venue, (ii) stipulate to in personam jurisdiction in California, and (iii) agree to accept service of process by registered or certified mail. Notwithstanding this, you agree that CADEX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Notwithstanding the foregoing and regardless of any statute or law to the contrary, you must file any claim or action related to these Terms within one (1) year after such claim or action accrued; otherwise, you will have waived the claim or action.
3. Entire Agreement. These Terms constitute the entire legal agreement between you and CADEX and govern your use of this Website, and supercede all prior or contemporaneous agreements, representations, warranties and understandings between you and CADEX.
4. Severability. These Terms shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
5. Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
6. Failure to Act is Not a Waiver. CADEX’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if CADEX does not exercise or enforce any legal right or remedy which is contained in these Terms (or which CADEX has the benefit of under any applicable law), this will not be taken to be a waiver of CADEX’s rights and that those rights or remedies will still be available to CADEX.
7. Third Party Beneficiaries. You acknowledge and agree that any other entities controlled by CADEX or under common control with CADEX shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Subject to the foregoing, (a) there are no third party beneficiaries to the Terms and (b) these Terms are not intended to and shall not confer any right or benefit on any third party.
8. Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.

This privacy policy (“Privacy Policy”) applies to your use of this website. Giant Bicycle, Inc. (“Giant” and sometimes also referred to as “us”, “we” or “our”) recognizes the importance of protecting the privacy of all information provided by users of this website. The creation of this Privacy Policy grows from our fundamental respect for our users’ right to privacy and will serve to guide our relationships with our users and subscribers. By using this website, you consent to and agree to be bound by this Privacy Policy.

DO NOT USE THIS WEBSITE, ONLINE SERVICES, OR MOBILE APPLICATION IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

Information collected by Giant on this website

In general, you may visit this website without telling Giant who you are or revealing personally identifiable information. Any personally identifiable information you choose to submit via this website (including, but not limited to, name, address, telephone number, email address, zip code, transaction information, credit card information, date of birth, and demographic information) is done on a voluntarily basis and used only for the specific purpose for which it was submitted, unless you consent otherwise or as required by law. You have the option to provide what type and the amount of information you supply. To engage in certain activities and access particular features of this website, Giant may request the disclosure of mandatory or voluntary personal information, as indicated on this website, and in some cases, if you do not provide the required mandatory personal information, you will not be able to engage in that activity or access those features on this website. We may collect personally identifiable information when you: (i) place an order from this website; (ii) return an item or make an exchange; (iii) inquire about our products and services; (iv) subscribe to our mailing list and/or newsletter; (v) participate in a marketing survey, promotion or event; (vi) participate in interactive areas of this website and choose to provide certain information about yourself which may be displayed publicly on this website, such as text, photos, stories, product reviews and other information; or (vii) publish content and other information through your social media accounts (e.g., Twitter™, Instagram™, Pinterest™, FaceBook™), such as your name, social media handle, accompanying text and any images, all of which you allow Giant to feature on this website.

When users request pages from our server, this website server automatically captures some information about the users, including their IP addresses, domain names and network identifiers of our users. Giant uses visitors’ IP addresses to send the requested pages to users, to help diagnose problems with our server, to administer this website, and to gather broad demographic information about our users in general; however, this information does not contain anything that can identify users personally. We may combine demographic information supplied by a subscriber at registration with website usage data to provide profiles, in aggregate form, about our users and their preferences in this website consent and advertising, and to measure the number of visits and average time spent on this website and pages viewed. Giant may engage the software or services of a third party to help us process this information, in which case we will share such information with a third party solely for these purposes.

COOKIES

Giant also collects information about users through the use of “cookies.” Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you have allowed cookies), which enable this website or service provider’s systems to recognize your browser and capture and remember certain information. Giant uses cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about this website traffic and website interaction so that we can offer better website experiences and tools in the future. You can set your computer preferences to warn you each time a cookie is being sent, or you can disable cookies altogether via your browser settings; however, if you turn your cookies off, some features on this website may not function properly.

Use of Information

The personal information you share allows Giant to personalize and continually improve your experience on this website. We collect personal information to: (i) provide information regarding the products and services you request and those of our partners that we think may be of an interest to you; (ii) process, track and deliver your order (and send you related order information, including but not limited to order confirmations, invoices, updates, recall notices and support and administrative messages); (iii) process credit card payments; (iv) send you promotional offers; (v) distribute our newsletter; (vi) improve our product selection and customer service; (vii) identify your product preferences and customize your shopping experience; and (viii) communicate with you.

Using email and mailing addresses provided when subscribing to this website or otherwise, Giant may periodically send out email and mail to our subscribers about services and products offered by Giant and our partners. Third parties will not separately contact our subscribers through the use of our email and mailing lists except through messages from our partners embedded within the email and/or mail themselves, or unless users ask to be placed on a list to receive email and/or mail from our partners on subjects of interest.

Giant employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, shipping and delivering packages, name and address verification, email distribution, market research, promotions management, payment processing, analyzing data, and providing customer service. To ensure that your privacy is respected and protected, we provide these companies and individuals with only the information they need to perform their services. With respect to any e-commerce transaction you submit on this website, Giant may also share information needed to fulfill your order with local authorized retailers in our dealership network. These companies are prohibited from using this information for their own marketing purposes or from sharing this information with anyone other than Giant.

As we continue to develop our business, Giant may choose to buy or sell its assets. In these business transfers, customer information, including personally identifiable information, is generally one of the business assets that is transferred but remains subject to the provisions of any pre-existing Privacy Policy (unless the user consents otherwise). Also, in the unlikely event that Giant or substantially all of its assets are acquired, Giant goes out of business, or Giant enters bankruptcy, customer information, including personally identifiable information, would be one of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer of Giant or any of its assets may continue to use your personally identifiable information as set forth in this Privacy Policy.

Giant may disclose specific information we believe is appropriate to comply with applicable law, or a reasonable request based upon governmental regulation, court order, subpoena, or similar related action. This includes sharing information with companies assisting in fraud protection or investigation, or credit risk reduction. Giant will not provide information to these agencies or companies for their own marketing or commercial purposes. Upon request, Giant will remove users (and their information) from our database or permit them to “opt-out” of any further email or contact.

Protecting your information

Giant implements a variety of security measures to maintain the safety of your personally identifiable information when you place an order. Giant offers the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. Giant will take reasonably appropriate measures to protect your information from loss, misuse, alteration or destruction, and will request that any third parties to whom we may transfer your personal information take comparable steps to protect that security. As email is not a secure form of communication, you should never submit your credit card number, social security number or other personal information via email. Giant shall not have any liability for disclosure of any user information obtained due to errors in transmission or the unauthorized acts of third parties.

OTHER LINKED WEBSITES

Giant is not responsible for the content or the privacy policies of any third-party websites that may be linked on this website. The information practices of those third-party websites linked to this website are not covered by this Privacy Policy and, therefore, Giant is not responsible for the content or privacy policies of websites to which this website links. You are encouraged to review the privacy policies of such other websites to understand their privacy practices.

Social Media Sharing Features

This website may offer social media sharing features or other integrated tools, which let you share actions you take on this website with other media, and vice versa.  These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie or employ other tracking technologies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.  Social media sharing features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with those features are governed by the privacy policies of the companies that provide them. For more information about the purpose and scope of data collection and processing in connection with social media sharing features, please visit the privacy policies of the third parties that provide these features.

Who May Use This website

This website is designed for users from the United States. Users from other countries are advised not to disclose personal information unless such users consent to and agree to have their information used as set forth in this Privacy Policy, rather than under the laws of their home country. You should not submit any personal information via this website unless you consent to and agree to be bound by this Privacy Policy and by the United States and California law.

Children

This website is not targeted towards, nor intended to be used by, children under the age of 13. Giant does not sell products for purchase by children on this website. You may not make purchases from this website unless you are at least 18 years old. Giant is in compliance with the requirements of COPPA (the Children’s Online Privacy Protection Act) and does not knowingly collect personal information from anyone under the age of 13. Since Giant does not collect information regarding children under the age of 13, Giant does not knowingly distribute personal information regarding children under the age of 13.

California Consumer Privacy Act of 2018

Beginning January 1, 2020, California residents may exercise certain privacy rights pursuant to the California Consumer Privacy Act of 2018.  Your rights as a California resident are described below.

Right To Request More Information

We generally describe in this privacy policy how Giant collects, uses, and shares your personal information.  In addition to what is described above, as a California resident, you also have the right to request more information regarding the following, to the extent applicable:

• The categories of personal information we have collected about you.
• The categories of sources from which we have collected your personal information.
• The business or commercial purpose why we collected or, if applicable, sold your personal information.
• The categories of third parties with whom we shared your personal information in the past 12 months.
• The specific pieces of personal information we have collected about you.
• The categories of personal information that we have shared with third parties about you for a business purpose.
• If applicable, the categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale.

You may submit a request for the information above by calling us at 1-800-US GIANT, emailing us at RiderSupport@GiantBicycle.com, or by clicking the contact us link

Right To Request Deletion Of Your Personal Information

You have the right to request that we delete your personal information.  Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records.  There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal information from their records.  For example, if we need to:  (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents; (3) protect against unlawful activities; (4) identify, debug or repair errors; or (5) comply with a legal obligation.  You may submit a request to delete your personal information by calling us at 1-800-US GIANT, emailing us at [RiderSupport@GiantBicycle.com], or by clicking the contact us link

Do Not Sell My Personal Information

We do not sell your personal information to third parties.  As such, there is no need to submit a request for us to not sell your personal information.  If you have any questions, feel free to contact us at 1-800-US GIANT, or RiderSupport@GiantBicycle.com,

Opt-Out/Modify Information

If at any time you would like to remove your name from our mailing or marketing lists or change or correct your current information, please click on the “unsubscribe” link in our emails. Giant will take reasonable efforts to accommodate your request. If, however, you have any pending e-commerce transactions with Giant, you may not opt-out of any delivery update emails while your order is in the process of being fulfilled.

Notification of Changes

If you choose to visit this website, your visit and any disputes over privacy are subject to this Privacy Policy and our Terms and Conditions, including limitations on liability, dispute resolution, and application of the laws of the State of California. Giant reserves the right to change this Privacy Policy and the Terms and Conditions at any time without notice except as otherwise provided here. If we decide to change our Privacy Policy, we will post those changes on this website so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Users should check back periodically to see if our Privacy Policy has been updated. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. Your continued use of this website constitutes your agreement to the terms of this Privacy Policy and any future versions of this Privacy Policy.